Traveling on AP while adjusting from B2 visa

[mathranik 2]

Hello everyone!

We have applied for my i130+i485 concurrently on the 10th of Aug, and for now we are waiting on the NOAs. As soon as I receive them, I will be expediting my AP, because my grandmother is on her death-bed back home in India.

My question here is that, is it not allowed to travel on AP and come back while adjusting from a B2 visa? One of our fellow VJ members mentioned it would cancel my application for AOS! Then what is the AP for? Can someone please shed some light on it? Thank you!

[HeatDeath 430]

Once you have an AOS in process, the way you entered the US is no longer relevant to your current status. It will be taken into consideration when USCIS decides whether or not to grant your AOS, but it no longer determines your status. Legally, you are no longer a B-2 entrant, you are now an AOS applicant, and you get treated legally the same as every other AOS applicant.

AOS applicants can apply for, and attempt to expediate [in emergencies liek yours] AP documents.

AP documents allow AOS applicants to reenter the US (assuming no other complicating factors. The former B2 status is not a complicating factor).

Leaving the US without an AP document will cancel ANY AOS applicant's AOS application.

The whole reason AOS applicants get AP documents is so that leaving the US will not cancel the AOS application.

The standard AP warning (which applies to all AOS applicants) still applies to you. If your tourist visa expired more than 6 months prior to the date on the AOS NOA1, DO NOT LEAVE THE US. Doing so will lock you out of the US for 3 years (10 years if you had more than a year of out-of-status time) regardless of whether you have an AP document or not.

Assuming you have no (or very little) out-of-status time between the expiry of your tourist visa and the acceptance of your AOS application, your AP documents should be perfectly fine for you to travel to India.

[Bobby+Umit 161]

The standard AP warning (which applies to all AOS applicants) still applies to you. If your tourist visa expired more than 6 months prior to the date on the AOS NOA1, DO NOT LEAVE THE US. Doing so will lock you out of the US for 3 years (10 years if you had more than a year of out-of-status time) regardless of whether you have an AP document or not.

Did you mean the I-94? Expiration of the visa will not affect the AP.

[HeatDeath 430]

Did you mean the I-94? Expiration of the visa will not affect the AP.

Yeah, that's what I meant: the I-94 they got upon entering with the tourist visa.

[mathranik 2]

Once you have an AOS in process, the way you entered the US is no longer relevant to your current status. It will be taken into consideration when USCIS decides whether or not to grant your AOS, but it no longer determines your status. Legally, you are no longer a B-2 entrant, you are now an AOS applicant, and you get treated legally the same as every other AOS applicant.

AOS applicants can apply for, and attempt to expediate [in emergencies liek yours] AP documents.

AP documents allow AOS applicants to reenter the US (assuming no other complicating factors. The former B2 status is not a complicating factor).

Leaving the US without an AP document will cancel ANY AOS applicant's AOS application.

The whole reason AOS applicants get AP documents is so that leaving the US will not cancel the AOS application.

The standard AP warning (which applies to all AOS applicants) still applies to you. If your tourist visa expired more than 6 months prior to the date on the AOS NOA1, DO NOT LEAVE THE US. Doing so will lock you out of the US for 3 years (10 years if you had more than a year of out-of-status time) regardless of whether you have an AP document or not.

Assuming you have no (or very little) out-of-status time between the expiry of your tourist visa and the acceptance of your AOS application, your AP documents should be perfectly fine for you to travel to India.

My I-94 is yet to expire. It would, on the 1st of sept! It basically means I can travel on the AP once I get it! Thanks for your reply :-)